30000 Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Rules and Regulations 

(b) The minimum size for scup is 10.5 

inches (26.67 cm) TL for all vessels that 

do not have a moratorium permit, or for 

party and charter vessels that are issued 

a moratorium permit but are fishing 

with passengers for hire, or carrying 

more than three crew members if a 

charter boat, or more than five crew 

members if a party boat. 

* * * * * 

■ 8. In § 648.125, the first sentence in 

paragraph (a) is revised to read as 

follows: 

§ 648.125 Possession limit. 

(a) No person shall possess more than 

15 scup in, or harvested from, the EEZ 

unless that person is the owner or 

operator of a fishing vessel issued a 

scup moratorium permit, or is issued a 

scup dealer permit. * * * 

* * * * * 

[FR Doc. E8–11601 Filed 5–22–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XI07 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Yellowfin Sole by 

Vessels Participating in the 

Amendment 80 Limited Access Fishery 

in Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing directed 

fishing for yellowfin sole by vessels 

participating in the Amendment 80 

limited access fishery in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the first seasonal 

allowance of the 2008 halibut bycatch 

allowance specified for the trawl 

yellowfin sole fishery category by 

vessels participating in the Amendment 

80 limited access fishery in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 19, 2008, through 1200 

hrs, A.l.t., July 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The first seasonal allowance of the 

2008 halibut bycatch allowance 

specified for the trawl yellowfin sole 

fishery category by vessels participating 

in the Amendment 80 limited access 

fishery for the yellowfin sole fishery 

category in the BSAI is 214 metric tons 

as established by the 2008 and 2009 

final harvest specifications for 

groundfish in the BSAI (73 FR 10160, 

February 26, 2008). See 

§ 679.21(e)(3)(vi)(A) and § 679.91(d)(1) 

and (3). 

In accordance with 

§ 679.21(e)(3)(vi)(B) and 

§ 679.21(e)(7)(v), the Administrator, 

Alaska Region, NMFS, has determined 

that the first seasonal allowance of the 

2008 halibut bycatch allowance 

specified for the trawl yellowfin sole 

fishery category by vessels participating 

in the Amendment 80 limited access 

fishery in the BSAI will be caught. 

Consequently, NMFS is closing directed 

fishing for yellowfin sole by vessels 

participating in the Amendment 80 

limited access fishery in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of directed fishing for 

yellowfin sole by vessels participating 

in the Amendment 80 limited access 

fishery in the BSAI. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of May 16, 2008. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: May 19, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1287 Filed 5–19–08; 2:58 pm] 

BILLING CODE 3510–22–S 


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